Collins+v.+Faith+School+District

Kelsey Cirmotich Samantha Knight Joann Wagner //Collins v. Faith School District // South Dakota Supreme Court 1998 SD 17, 574 N.W.2d 889 February 25, 1998 **Background ** ====The case is a proffer for remand and reversal of a previous circuit court decision to uphold the school district's decision to terminate Richard Collins' contract with Faith School District on the basis of incompetence. Collins was employed for 29 years with the school district. Yearly following a viewing of a sex education video chosen by the school nurse, Collins held a question and answer session for the fourth through sixth grade boys. On April 25, 1995, this led to a discussion related to homosexual activities. The following day, concerned parents complained of the impact the discussion would have on their sons. Charges were made and Collins was terminated following the hearing.====

**Decision/Rationale **
The Court reversed the Board’s termination of Collins and demanded back pay on the basis that neither the superintendent nor the Board took any steps to personally plan the program or place any limits on it; the school nurse had total control over the sex education program. Also, it is noted that Collins had worked in the school for twenty-nine years and was terminated for incompetence; the Court revokes this by saying “Collins' inappropriate explicitness on a single occasion can hardly amount to incompetence.” The case contains no credible evidence that the incident in has any connection with his continued effectiveness as a teacher. **Impact on Education **

Sex education has always been a touchy subject in the schools, especially among fourth graders. When a teacher is ostracized for honest efforts to resolve a situation, the education community can only feel dishearten. In this situation, a man was put in a position to alleviate confusion but unfortunately was singled out by angry parents. On one hand you have to consider the fact that he was unqualified to answer questions regarding the male anatomy. On the other hand, there is the bottom line that he was instructed to do so. In the end, I feel the education community must take every possible outcome of the situation into account. Had the male teacher not answered the questions that had been concerning the boys, who know who they might have asked and what kind of answers they might have received. Regardless, situations such as these puts the education community on high alert. Teachers must take caution to what they say to their students, especially when it concerns sex education.

**Quiz Question **:

T/F

<span style="font-family: 'Arial','sans-serif'; font-size: 10pt;">A teacher may answer questions regarding sex education but must use discretion.